Per Mr.B.S.Wasekar, Hon’ble President

1)                The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986.  According to the complainant, he had purchased mobile handset from the O.P.No.1 on 28^th July, 2013 for Rs.13,800/-. The O.P.No.2 is the Manufacturer of the mobile handset.  Within fifteen days of purchase, the handset was not working properly.  There was problem for outgoing voice. Therefore, he submitted the handset to the O.P.No.1. The complainant was told that it will be repaired within ten days but it was not repaired for twenty days.  In spite of several requests, it was not properly repaired therefore the complainant has requested to refund the purchase amount.  There was several correspondence but there is no response.  Mobile handset is still lying with the O.P.No.1. Therefore, the complainant has filed this complaint for refund of purchase price of Rs.13,800/- with interest.  He has also claimed compensation of Rs.30,000/- for mental agony and cost of Rs.6,000/-.

2)                The opponents remained absent though duly served therefore the matter is proceeded exparte. 

3)                The complaint is supported by the affidavit of the complainant and copies of documents i.e. Tax Invoice showing that handset was purchased for Rs.13,800/-.  He has also produced job card showing the problem in the handset and the correspondence. The evidence produced by the complainant is not challenged by the opponents. The evidence on record is sufficient to prove that the complainant purchased the handset from the O.P.No.1 for Rs.13,800/-.  It was defective. In spite of several requests, it was not repaired. Therefore, the opponents are liable to refund the purchase amount to the complainant. The opponents sold defective handset to the complainant thereby he suffered from mental agony. We think the opponents are liable to pay compensation of Rs.10,000/- to the complainant for mental agony. Besides this, the complainant is entitled for the cost of this proceeding of Rs.2,000/-. Hence, we proceed to pass the following order. 

O R D E R

1)                Complaint is allowed.

2)                The opponents are directed to refund the amount of Rs.13,800/- (Rs.Thirteen Thousand Eight Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of complaint i.e. 2^nd November, 2013 till realization.

3)                The opponents are also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation towards mental agony.

4)                The opponents are further directed to pay Rs.2,000/- (Rs.Two Thousand Only) to the complainant as cost of this proceeding.

5)                The above order shall be complied with within a period of one month.

                        6)                Copies of this order be sent to the parties free of cost.

Dictated and Pronounced on

Dated 5^th June, 2014